Global mobility: what are the main issues for an employer to consider?

The President-elect’s approach to “America first” is expected to impact international businesses, both in terms of the growth of their business, and where they can employ people when he comes to power. This is not least due to the proposed policies in America that, if implemented, will make it more difficult for employers to employ who they want, where they want, and move people around their organisations globally. 

The change of government is anticipated to have broader effects on where individuals choose (or are able) to live and work in the short and longer-term. Options and choices may relate directly to people flows to and from the US, and to and from regions likely to be affected by the US’s foreign policy under the Trump administration.

How the above will materialise in practice for global mobility professionals in the short-term appears to fall into three areas: 

1. Talent acquisition 

2. Business travel compliance 

3. Impact on US work visa applications

We discuss these in turn below, before setting out some of the nationality and immigration options that may be available for those businesses and individuals now considering a move to the UK.

Talent acquisition issues 

Following in the footsteps of well-known personalities who have said they’d rather live abroad than in the US during a second Trump administration, we may well see an increase in the number of US employees who want to temporarily leave America for the next four years and experience life outside of America. This may particularly be the case for employees who are currently under a visa programme in America and may question or feel unsafe about their continuing visa status. Companies offering long-term remote overseas working, secondments or relocations may well see an increase in their American colleagues wanting to explore these options. 

If individuals prove serious about their intentions to leave or avoid the US, this could impact a business’s talent acquisition options. Businesses may also experience an increase in the costs associated with the immigration and mobility process as employees are relocated around the globe. 

Business travel 

The new President’s immigration policy may well extend to impact on business travel into the US as business trips into the US which may have historically been routine, may not be as easy as they are now. In his first term in office, the President-elect had implemented visa and entry bans for nationals from specific countries. The potential for the revival of this past travel ban should be a key consideration for global mobility professionals and how this may impact on business travellers to the US who are nationals from these previously restricted countries. 

The speed at which the President can implement changes in policy without previous notice as a result of executive actions should also be a consideration, and planning around how to manage changes and contingency planning for disruption to business travel should be undertaken. 

Impact on US work visa applications

In terms of what the new Presidency might mean for business immigration, there is speculation that the processing times for the H-1B and L-1 work routes may again increase as they did under the last Trump administration, and that extensions and green card applications may be made more difficult. Work right petitions for partners of workers in these routes may also be delayed or discontinued.

More generally, the movement of people into America (e.g. an inbound secondment, or relocation) could face some additional challenges as a result of stricter immigration rules that the President-elect has stated will form part of his agenda. At the very least, there are expected to be longer wait times, more scrutiny on visa applications and requests for further evidence to support applications from non-Americans wanting to seek the right to work and live in America.

There are currently conflicting views on whether businesses should consider making a mad dash to make moves pre-20 January 2025 (inauguration day). 

There are certainly concerns expressed by businesses that to benefit from the pre-Trump processes and systems, getting all visa applications and renewals in before this date may be beneficial. However, the increased influx of requests may lead to significant processing delays. 

With the expectation of delays, businesses will want to ensure all potential moves into the US are planned as far in advance as possible to accommodate potential delays and complications regarding visa processes. 

Nationality and immigration options for those considering relocating to the UK 

We have already been receiving enquiries from businesses and individuals who are considering the UK as a place to live in the wake of the election result. Below is a summary of some of the main potential options for adults relocating to the UK. 

British citizenship

Individuals who were born outside the UK and who have a British mother or father who was born in the UK may already be British by descent and not realise it. 

In some other cases, they may be eligible to register as a British citizen. This may apply to those who are not already British but who have a British parent or grandparent.

Family routes

The Partner route may be an option for people who have a spouse, civil partner, or have been in a relationship for at least two years, with someone who is British or has settled status (permanent residence status) in the UK. This route leads to settlement after either five or ten years.

Work routes

If an individual is able to secure an eligible job offer from a licenced UK sponsoring employer, the Skilled Worker route may be suitable. This route can be used for intra-company transfers where the intention is for the transferee to settle in the UK. Alternatively, if only a fixed-term transfer is contemplated within an multinational group with a UK presence, the Senior or Specialist Worker route may be a possibility. Dependants are allowed on these routes. 

Leaders or potential leaders in the areas of academia/research, arts and culture or digital technology, may wish to explore the Global Talent route. This route allows for settlement in as little as three years.

For sponsored temporary work in the creative fields, the Creative Worker route could apply. This provides for an initial stay of up to 12 months, and an extension of up to 12 months to work for the same sponsor.

The UK Ancestry route may be applicable if an individual who intends to work in the UK, holds citizenship of a Commonwealth country (noting that the Commonwealth includes Canada) and who has a grandparent who was born in the UK, the Channel Islands or the Isle of Man. Settlement in this route is possible after five years.

Study-related routes

The UK has a Student route for international students. Those who are planning to study at bachelor degree or higher level may also be eligible in due course for the Graduate route, which allows post-study stay for a further two years (or three years for PhD/doctorate graduates). Note however that dependants may only accompany a student on the Student and Graduate routes where the course of study is a research Masters or higher level (e.g. PhD) course.

Individuals who have graduated within the last five years with a bachelor degree or higher qualification from an eligible top global university (many of which are in the USA) may be able to apply for a High Potential Individual visa. This allows a two-year stay (or three years for PhD/doctorate graduates) and allows dependants.

If you would like further information on the topics raised in this article, or require assistance with an international move, please get in touch with a member of our global mobility team.

In today’s digital landscape, safeguarding personal data is more crucial than ever. With the rapid acceleration of ever more sophisticated cyber threats and attacks, the Home Office is urging sponsors of workers and students to enhance their cyber awareness to protect the sensitive information within the Sponsorship Management System (SMS). Sponsors need to comply with the UK GDPR, and part of this compliance is implementing robust data handling and storage practices to prevent unauthorised access or breaches. Employees should also be trained so they can spot anything suspicious and report it before a breach occurs. Below are some essential tips to keep your data secure.

Be alert to online scams

The Home Office advises you to:

• Avoid suspicious links: Never click on links asking you to verify credentials.
• Check URLs: Ensure website URLs end with ‘.gov.uk’ for secure government sites.
• Protect your login details: Never share your SMS login details (username and password) with anyone.
• Regularly update passwords: Change your SMS password regularly and ensure it is strong and long.
• Use unique passwords: Use different passwords if you have access to more than one SMS account.
• Deactivate inactive users: Remember to deactivate Level 1 users if they leave or change roles in your organisation.
• Keep your contact details updated: Ensure your telephone number and email address are current.
• Maintain active users: Always have at least one, preferably two, active Level 1 users.

Report concerns

If you receive an email or telephone call that seems suspicious, or if you believe your SMS account may have been compromised, report it immediately:

• Employers: businesshelpdesk@homeoffice.gov.uk
• Educators: studyengagementteam@homeoffice.gov.uk
• Business Helpline: 0300 123 4699

Legitimate communications from UKVI

All electronic communications from UK Visas and Immigration (UKVI) at the Home Office regarding your sponsor licence will come from:

• An email address ending in @homeoffice.gov.uk, @fco.gov.uk, or @fcdo.gov.uk
• The Account Management Portal (AMP)
• The Home Office Sponsor Management System

UKVI will never ask for your SMS user ID or password, and will never provide you with a link or password to log into SMS. If there are concerns about the integrity of your SMS account, UKVI will take steps to secure your data, including deactivating users and contacting you with follow-up actions.

By staying vigilant and following these guidelines, you can help ensure the security of the SMS and the personal data it contains.

Further advice and guidance is available on the National Cyber Security Centre (NCSC) website and we have a dedicated data, privacy and cyber team who can assist with any questions you may have.

If you have any queries about managing your sponsor licence, please get in touch with a member of our Immigration team.

International students can be a flexible workforce for UK employers, but they are also at the higher end of the scale when it comes to illegal working risk. Not understanding their work rights and how to evidence and monitor compliance with them can lead to a civil penalty of up to £60,000 per worker, so it’s important that you get this right.

How can I check an international student’s right to work in the UK?

Most Student visa holders undertaking a full-time course of study can be employed in the UK, subject to certain conditions. You can check the conditions by asking the student to provide you with a share code and checking their right to work online here.

As part of the right to work check, you must receive, copy and retain confirmation of the Student’s academic term and vacation times. This information must come from their sponsoring education institution, either directly to the employee in your business with responsibility for right to work checks, or through a letter or email that has been provided by the institution to the student. 

We would suggest not to rely on information published on the institution’s website as evidence of term and vacation times, as this may not directly relate to the student’s course or their personal circumstances.

What hours can a Student work during term-time?

Undergraduate and postgraduate students can be employed up to 20 hours per week during term-time.

Students enrolled in courses below bachelor degree level are limited to 10 hours per week during term-time.

The Home Office considers a week to run from Monday to Sunday, which may not be in line with the working week that your business uses for allocating shifts. You must also ensure that the person responsible for allocating shifts is aware of when the student is in or out of term-time.

Compliance with working hours during term-time can also become more complex if the student has another employer. In that case, both employers need to have procedures in place to ensure the student does not work above their allowed hours.

Can a Student work full-time?

Students with work rights can work full-time before the start of their course, during official term breaks and after they have completed their course.

They are also allowed to work full-time on a work placement that has been assessed by their educational institution as meeting the Home Office’s requirements for work placements.

If you are offering a work placement, the institution should provide you with a letter that confirms the details of the work placement, which you should retain as part of your right to work checks. The letter must include specific information in line with the Home Office’s Employer’s guide to right to work checks. We are often asked to review these letters to check whether all the required details are included. This is because failure to get and retain a compliant letter can lead to an illegal working civil penalty being issued.

If you are considering employing a student who is on a work placement with another employer, you should find out whether the educational institution considers the work placement period to be within or outside term-time, as this will determine how many hours per week they can work for you during the placement.

Normally, a Student can’t be employed in a full-time, permanent role. An exception to this is if the student is within three months of the course completion date for a bachelor degree or higher course at an approved institution and has an outstanding Skilled Worker application (or related administrative review) which was submitted while they still had immigration permission as a Student. You should take care to check and document that the switching provision applies to the Student before employing them in a full-time permanent role.

What work isn’t permitted for a Student?

There are some restrictions on the type of work you can offer to Student visa holders:

• Full-time permanent employment is not allowed, unless the switching provision mentioned above applies;
• They cannot be self-employed or engage in business activity, unless they have successfully completed a bachelor degree or higher course at an approved institution and have an outstanding Graduate route application (or related administrative review); and
• Work as a professional sportsperson (including a sports coach) or entertainer is also not allowed.

The definition of ‘professional sportsperson’ for immigration purposes is very wide, however a Student who is studying at bachelor degree level or above is allowed to play or coach sport as an amateur (i.e. for personal enjoyment and not for a living) or as part of a work placement that is an integral and assessed part of their course.

Some tips for engaging Students

Here are some tips to avoid common pitfalls when engaging a worker who holds a Student visa:

• If the Student withdraws from their course, their right to work stops as well. Be proactive in seeking advice on the employment and immigration implications if this happens.
• Don’t assume that the general term dates listed on an institution’s website apply to everyone. For example, Masters and PhD students often have different schedules. Always get direct confirmation from the institution of the specific term dates that apply to your Student hire.
• To reduce the likelihood of the Student working more hours than they are allowed during term-time:
  • Set up an internal system to track hours worked from Monday to Sunday;
  • Provide right to work training to your staff who schedule shifts; and
  • Advise the Student in writing that they must inform you of any work they are doing for anyone else.
• Carefully check the wording of letters from education institutions about term-time dates, course completion date and work placements and ask for amended versions if they don’t include the necessary information to keep you compliant.
• If you are considering employing a Student who is on a work placement with another employer, seek confirmation from the education institution deems the work placement to be within term-time (most of them do) or outside of it.
• Understand what restrictions apply both before and after a student completes their course, including what work rights they may have when switching to the Skilled Worker or Graduate routes, and document it if a switching provision applies.
• Don’t engage a Student on a self-employed basis unless you are satisfied that the Graduate switching provisions apply to them. And if they do, consider carrying out a full right to work check in line with the Home Office’s current recommendations for engaging self-employed workers.
• Set reminders to review and where appropriate seek follow-up documentation if any evidence of right to work ends earlier than the Student’s work for you, e.g.: if an institution only provides you with confirmation of the term and vacation times for the current academic year.
• Set reminders to review and where appropriate change your monitoring practices or seek follow-up evidence where you anticipate a Student’s circumstances are due to change, e.g.: if they are due to complete their course, or if they have told you they have an extra employer for a fixed period of time.

If you have any questions or need assistance with right to work compliance for Students, don’t hesitate to reach out to our immigration team. We will also be discussing right to work as part of our upcoming Immigration Law Academy on 13 and 14 November 2024, which you can find more information and sign up details for here.

The Employment Rights Bill creates a new state enforcement agency, which likely to be called the “Fair Work Agency”. Initially, this will cover specific areas which are already covered by existing enforcement agencies, plus a new remit over holiday pay.  The Bill also gives the government broad powers to extend the Fair Work Agency’s remit to cover other employment rights.

The Bill sets out a range of enforcement powers, including powers to require individuals to provide information, to enter business premises to get documents, and in some cases to require employers to provide undertakings – backed up by criminal offences. This is potentially a big change towards more state enforcement of employment rights, although questions remain about how quickly this will happen and whether the new agency will have sufficient resources to be effective.

What will the Fair Work Agency cover?

The Bill covers the following areas:

• Rules on employment agencies and employment businesses
• National minimum wage rights – including entitlement to the minimum wage and record-keeping requirements
• Modern slavery offences
• Statutory sick pay
• Holiday pay – the right to payment for holiday, including the right to rolled-up holiday pay for irregular hours and part-year workers
• Gangmasters licencing
• Financial penalties for failure to pay sums ordered by an Employment Tribunal in in a COT3 (a penalty enforcement system from 2016 that is rarely used in practice)

Many of these areas were already covered by existing enforcement agencies.  The Bill will combine the Employment Agency Standards Inspectorate (which deals with employment agencies), HMRC’s National Minimum Wage Enforcement Team, and the Gangmasters and Labour Abuse Authority (which covers modern slavery). It also abolishes the Director of Labour Market Enforcement, who currently oversees the work done by these bodies in order to assess the extent of labour exploitation and set strategic priorities for enforcement.

The most significant new addition for employers is enforcement of rights to holiday pay.  This is not currently subject to enforcement by a state agency, and it is also a notoriously complex area where employers may make mistakes.  

The inclusion of financial penalties for failure to pay tribunal awards and settlements is a bit of an oddity.  Since 2016, an employer who fails to pay can be subject to a penalty payable to the Secretary of State if the claimant completes an enforcement form.  This power is not being used regularly in practice, and published data shows that only 836 claimants used the scheme between the financial years 2016/17 and 2021/22.  

The Bill also gives powers to add to the list of employment rights that are covered by the Fair Work Agency.  This could be very significant, depending on how the power is used – for example, by adding areas such as discrimination, family-related rights, trade union rights, and new laws in the Bill itself such as the right to guaranteed hours.  An extension to the wide-ranging area of discrimination law would be particularly significant (although it is unclear how this would fit with the existing role and powers of the Equality and Human Rights Commission).  Perhaps more likely is an extension to narrower rights, such as statutory pay for family-related leave, to sit alongside enforcement of statutory sick pay.  Any changes are unlikely to happen quickly though, as it seems the Agency will not be up and running before late 2026 at the earliest.  It is also worth noting that the government’s “Next Steps” document does not mention adding new rights, but says that they plan to implement a new regulatory and enforcement unit for equal pay which seems intended to be separate from the Fair Work Agency.

What powers will it have?

A key aspect of the Bill is the powers of enforcement which give the Fair Work Agency its “teeth”.  Extensive powers are planned:

• Power to issue a notice requiring a person to provide information – either by attending a specified time or place to answer questions, or by providing specified information or documents.
• Enforcement officers being able to enter business premises to examine documents, require any person on the premises to produce documents, or check any computer or other equipment used to process or store information or documents.  Enforcement officers can also seize documents.
• Power to request a “Labour Market Enforcement Undertaking” (LME).  If the Secretary of State believes that a person has committed a labour market offence, they can be asked to give an undertaking to comply with any requirements set out in an LME.  A court can make an LME order can be made if an undertaking is refused, and failure to comply with an LME order is a criminal offence.  This only applies to a labour market “offence”, such as civil or criminal offences under national minimum wage legislation.
• However, there are also new criminal offences that can apply to all breaches of employment rights covered by the Fair Work Agency.  It is an offence to knowingly or recklessly produce false documents and information.  It is also an offence to intentionally obstruct enforcement action, or fail to comply with an enforcement requirement without reasonable excuse. The penalty is a fine, imprisonment for up to 51 weeks (in England and Wales), or both.  Corporate officers can also be found guilty of these offences if they consented to the conduct or it was attributable to their neglect.
• Also – and very significantly – the recently-published factsheet about the Fair Work Agency says “Some additional enforcement powers will be added during bill passage. This will include powers to issue civil penalties and to order employers to compensate workers, based on existing powers in the National Minimum Wage Act 1998.”  This suggests that the Fair Work Agency might grow extra teeth as the Bill goes through parliament. 

The powers to require information or documents and to enter business premises will be especially significant for employment rights that were not previously covered by enforcement bodies, particularly the right to holiday pay.  

How significant is this in practice?

The government says that the intention is to “create a strong, recognisable single brand so individuals know where to go for help and lead to a more effective use of resources”.  The overall idea of streamlining employment enforcement agencies makes sense.  The significance of the change depends on the area of law involved.

• Holiday pay. This is significant because the right to paid holiday applies to all workers, it can be so complex, and it is not currently subject to state enforcement.  It is a particular risk for employers who have taken a “wait and see” approach to some of the more complicated areas of holiday pay. While there is no existing criminal offence of failing to pay holiday pay, nor any civil penalties, the factsheet and impact assessment clarify that these are likely to be created in the near future and that they are likely to be modelled on the regime which applies to national minimum wage. This could mean, for example, employers having to pay 100% of any unpaid holiday pay to the Fair Work Agency if a breach is uncovered – potentially even more if the penalty is not paid promptly.  
• Statutory sick pay. There is currently no direct state enforcement of the right to statutory sick pay (SSP).  HMRC can determine whether SSP should be paid if there is a dispute between an employee and employer, but this requires the employee to make a complaint and there are no penalties for getting it wrong.  The extension of the new investigation powers to SSP is quite a big change, but is likely to be of less concern to employers than holiday pay enforcement because the right to SSP is simpler to operate correctly. 
• Employment agencies. This is not a significant change from the current system.  The Employment Agencies Standards Inspectorate already has powers to require information or documents and enter business premises.  They can also require LME undertakings and ask courts to issue LME orders – although it is worth noting that not a single LME order was made in the last reported year.  There is even a risk that scrutiny enforcement work in this area will be diluted by inclusion in a new combined agency, depending on how well the Fair Work Agency is funded and resourced.
• National minimum wage. HMRC already has significant enforcement powers, including the requiring LME undertakings and issuing LME orders, the ability to order employers to make missing payments and the power to impose penalties.  As with the rules on employment agencies, this is more of a change of enforcement body than a major change to the enforcement system itself. 
• Modern slavery. This does not appear to be a significant change to the powers already held by the Gangmasters and Labour Abuse Authority, which can conduct unannounced inspections and require access to premises, the provision of documentary evidence, and interviews with workers. The GLAA already has the power to conduct criminal investigations where an offence is suspected, and the existing modern slavery regime includes criminal sanctions with a maximum penalty of 10 years’ imprisonment. 
• Immigration. – Immigration rules as a whole are not covered by the Fair Work Agency.  There is one change though, as the current system of immigration LME undertakings and orders is being replaced by the provisions in the Bill.  These new provisions are very similar and will not make any significant change in practice.

Ultimately, the significance of the Fair Work Agency for both employers and employees will depend on its resources and funding.  Although it is likely to generate its own revenue to some extent through imposing penalties, it will still need additional resources to do its job effectively. The 2018/19 report from the Director of Labour Market Enforcement highlighted that the likelihood of an HMRC national minimum wage inspection for the average employer was once every 500 years.  It is, of course, more probable that a non-compliant employer will be reported and so subject to investigation.  Nevertheless, to make a real difference the new Agency will need substantial funding.

Next steps and what employers can do

As with most of the reforms in the Bill, the Fair Work Agency is unlikely to be up and running before late 2026 at the earliest – and it may well take longer than this to close down the existing agencies and transfer their responsibilities.  The Bill requires a labour market enforcement strategy to be set every three years, so the first of these will give some guidance on where resources are likely to be focussed.

Employers should already be complying with all of these important rights, particularly those that are backed by criminal and civil penalties such as modern slavery and employment agencies rules.  Holiday pay is the main area where you may want to ensure your house is in order – especially if the Fair Work Agency is given additional enforcement powers.  Although we would expect the Fair Work Agency to target employers perceived to be exploitative, the risks of turning a blind eye to the rules look set to increase. 

For more information about the Employment Rights Bill, see Lewis Silkin – What’s in the Employment Rights Bill?

table td {
vertical-align:top;
}
table td:first-of-type {
vertical-align:middle;
}

Check out our eVisa FAQs for any questions, or get in touch with a member our immigration team.

Using the ‘UK Immigration ID check’ app

We suggest using both your mobile device and a laptop or tablet, but it is possible to use just your smartphone.

a) Search for the ‘UK Immigration: ID Check’ app and download it from the App Store or Google Play Store. Select the app with the purple background square (not the app with the blue background). 
b) Simultaneously on your computer, select this link and select ‘create an account’. Enter your personal details. You will be asked to verify your email address and mobile phone number using an automatically generated 6-digit code. Once done, a QR code will present itself on the computer screen. If it does not appear automatically, ensure you are logged into your UKVI account on your computer. Select ‘confirm your identity’ in your UKVI account and answer the questions. Your QR code will appear.
c) Using the App on your phone, scan the QR code. If this does not work, you can use the ‘connection code’ option. The App will direct you to scan the chip in your identity document and scan your face. Your identity document is your BRP. If you experience issues using your BRP, use your passport and the visa application reference number from your most recent application. 
d) If you only have a smartphone, you can complete part b) and c) using a browser on your phone. Select to use the connection code, rather than the QR code.

The Home Office has published eVisa guidance including a video on how to create a UKVI account. Useful guidance and a process flow is available here. 

Background: what is the MAC reviewing?

On 10 September 2024, the Home Secretary commissioned the MAC to review the financial requirements for family visas under the partner, child and parent routes. The review will focus on the minimum income requirement (MIR) and Adequate Maintenance (AM) test, both of which apply to partners and family members coming to the UK or remaining here.

The MAC has been asked to review the financial requirements in the context of a broad net migration reduction agenda and the intention of the requirements to recognise both the economic wellbeing of the UK and respect for family life.

The commission is broad ranging, including a review the level of the MIR, whether it should be increased and any other related considerations the MAC considers relevant.

The MAC is expected to deliver its report in mid-May 2025. The Home Office will then consider the MAC’s recommendations and whether and when to implement them.

What is the current status of the minimum income requirement?

On 11 April 2024, the MIR was increased (under the previous government) from £18,600 to £29,000, with planned further increases up to £38,700 by early 2025.

The current Home Secretary, Yvette Cooper, has confirmed the requirement will be frozen at £29,000 until the Home Office implements any recommendations from the MAC’s review.

Open call for evidence: how you can share your views

If you’d like to share your personal experience or respond on behalf of your organisation you should respond online to the call for evidence by 23:59 GMT on 11 December 2024.

If you have any questions about the review or require assistance with a family route application, please get in touch with a member of our Immigration team.

What provisions are relevant here?

Paragraph 34K of the Immigration Rules states that if a decision on an application for permission to stay has not been made, any applicant who travels outside the Common Travel Area will have their application automatically withdrawn upon departure.

Section 3C of the Immigration Act 1971 states that if you make an in-time application for permission to stay in the UK, your immigration permission and related immigration conditions are automatically extended while your application (and any connected administrative review or appeal) is pending.

However, the statutory extension of permission under section 3C (often referred to as ‘section 3C leave’) will lapse if you leave the UK (even if you stay within the Common Travel Area).

What are the main things to consider?

You can keep your passport while your application is being processed. However, if you leave the Common Travel Area before receiving a decision on your application to stay, your application will be automatically withdrawn by the Home Office when you depart. While this withdrawal entitles you to a refund of any Immigration Health Surcharge you have paid, your application fee may not be refunded.

Also, if you have already started to benefit from section 3C leave, this will end at the time you depart the UK.

What happens if I try to re-enter the UK after my application has been withdrawn?

If you are a non-visa national, you may be able to return to the UK without getting entry clearance first, but if you do, it will be as a visitor. The rules for many in-country application types (including under work routes) normally do not allow switching status from visitor, and if you were in a work route before your departure, you would not be allowed to continue to work on your return.

You may need to regularise your status by staying outside the UK and making a fresh entry clearance application from abroad. This can be disruptive if you were previously working, as well as expensive if you have to pay for accommodation and other costs while you are waiting for your new visa.

In a more extreme scenario, if the Home Office has closed the route you were applying under (which we have seen happen with some of the Ukraine Scheme routes this year), you may not be able to make afresh application under it.

Will the Home Office take any action if I travel internationally?

Although paragraph 34K has been part of the Immigration Rules for some years, it has often not been enforced. However, we are aware of instances this year where the Home Office has issued notifications of withdrawal to some applicants. This means there is now a higher risk of enforcement than previously.

What should I do to avoid any problems?

If you have international travel plans in the lead-up to making an application to extend your stay in the UK, you may be able to complete your travel before submitting your application. Depending on your circumstances, you may be able to opt for a fresh entry clearance application instead.

Once an in-country application has been submitted, the most straightforward advice is not to travel outside the UK until it has been approved. If, however, an urgent need to travel arises, you should consider seeking immigration advice on the options that may apply to your individual circumstances.

If you have any queries about the topics covered in this article, please get in touch with a member of our Immigration team.

What is the Entry and Exit System (EES)?

The EES will register all visa-free and visa-required travellers entering the Schengen area for short stays. Registration will not apply to citizens of Schengen member countries, or to the two EU countries (Cyprus and Ireland) that are not parties to the Schengen agreement. It will be a requirement for British citizens travelling on a British passport unless an exemption applies.

If you need to register your details with the EES, no action will be needed before your trip; registration happens at the external border of any of the 29 European countries that are members of the Schengen area.

The EES will collect your facial image, fingerprints, travel document data, and record the time and place of entry and exit. It will also log any previous refusals of entry, including details of the refusal. This will replace manual ‘wet stamping’ of passports.

Using advanced technology, the EES will create a detailed travel history, calculate the duration of your authorised stay, generate alerts when your stay is due to expire and flag if you overstay. It will improve border management, detect document and identity fraud, and monitor unauthorised short stays. The goal of the system is to make external borders stronger, smarter and more secure.

When is EES being rolled out?

If the EES applies to you, then starting from 10 November 2024, you will need to register your biometric information at border crossing points when entering for the first time since the EES was implemented.

You will also need to re-register every three years.

What are the main impacts of EES?

For travellers:

There is a 90/180 day rule for British and other non-EU visitors to the Schengen area. This limits presence in the Schengen zone to a maximum of 90 days in any 180-day period. The EES will enable stricter enforcement of this rule by digitally tracking entry and exit dates. Travellers will need to take care to comply with this rule to avoid penalties or entry refusals, such as not being permitted to re-enter the country.

Click here to use the short-stay visa calculator, which can assist with monitoring presence in the Schengen area and ensuring the 90/180 day rule is not breached.

The EES will streamline border checks, but you should be prepared for potential delays, especially during the initial implementation phase. It’s a good idea to bring food, water, plus any necessary medication, as queues might be longer than usual. It will add two to three minutes of processing time per passenger, up from about 45 seconds at present.

For airline passengers, at larger hubs, you’ll be directed to kiosks, much like those at US airports, to answer multiple-choice questions, have your fingerprints captured, and a photo taken. After that, you’ll proceed to the border as usual. At smaller airports, your picture and fingerprints will be taken at the border-control booth, and the questions will be asked by the official.

For businesses:

Businesses should consider:

• Reminding staff of the 90/180 day rule, noting that following the introduction of EES, this will be routinely enforced;

• Directly monitoring the presence of staff as visitors to the Schengen area, to minimise the risk that a staff member may not be eligible to travel to the area on business due to excessive personal and business visits; and

• Ensuring that the purpose and scope of business-related travel to the Schengen area is actively monitored, and that appropriate work permission is secured in advance of travel, if required.

For further information, see our earlier article here.

For transport terminals:

The European Commission, EU member states, local authorities, and the travel industry are preparing ports for the EES. In the UK, this includes funding of £3.5 million each for Eurostar, Eurotunnel, and the Port of Dover for registration kiosks and infrastructure.

Eurostar will have 50 kiosks across three stations, with the aim of making EES registration quick and easy. Eurotunnel will have over 100 kiosks. The Port of Dover will have 24 kiosks for coach passengers, as well as using agents and tablets for car passengers to streamline the process.

What’s the latest on the European Travel Information and Authorisation System (ETIAS)?

The new European Travel Information and Authorisation System (ETIAS) is a pre-travel authorisation system.

The EES is being introduced ahead of the launch of the European Travel Information and Authorization System (ETIAS), which is a pre-travel authorisation system for citizens of certain countries (including the UK) who aren’t required to get a visa before visiting the Schengen area. It’s similar to the American ESTA.

ETIAS is currently due to launch in the first half of 2025, although this timeline could slip as it has been pushed back before.

Once ETIAS becomes a requirement, it will apply to British visitors unless a specific exemption applies.

If you are required to get an ETIAS authorisation, you’ll need to apply online or via a mobile app, and your information will be checked against EU security systems. You’ll need to provide passport details and answer a series of questions, for example about criminal records and medical conditions.

Most applications should be approved within minutes, but it could take up to 30 days. An ETIAS authorisation will be valid for three years or until your passport expires, costing €7 (£6) for those aged 18 to 70, and free for others.

ETIAS will allow unlimited visits within its validity period but is linked to your passport, so if your passport expires, you’ll need a new ETIAS.

Frequently asked questions about ETIAS are available here.

Need some more information?

We have created a set of template communications and guides to help businesses explain the rollout of the EES to people teams and staff. If you would like to learn more, please get in touch with a member of our Immigration team.

The UK Government has gradually been rolling-out ETAs since 15 November 2023. We now have confirmation the scheme will be expanded in two further stages, starting on 8 January 2025 and 2 April 2025. 

Once the scheme is fully implemented in April 2025, ETAs will become a pre-entry requirement for everyone who doesn’t require a visa to enter the UK and who doesn’t have any existing UK immigration permission (or exemption from immigration control). ETAs cost £10 and last for two years or until your passport expires, whichever happens first. See our earlier article to find out more about the basics of ETAs.

What are the main impacts of this development?

For businesses:

If you finance the expenses of business visitors to your organisation in the UK, you may need to adjust your budget to reflect the £10 cost of ETAs.

For travellers:

If you are a non-visa national currently able to visit the UK without any pre-entry formalities, you should:

• Understand when the ETA requirement will start to apply to you;
• Factor the additional process and cost into your UK travel plans;
• When required, make sure that you get (or, during the implementation period, at least apply for) an ETA in good time before travelling to the UK;
• Be aware that larger-scale rollout of the new system may initially cause some queuing delays when visiting the UK, and consider packing additional food, water and medications;
• Be aware that you may be refused an ETA in certain circumstances, for example if:
  • You have a current UK deportation or exclusion order:
  • You have a significant criminal history;
  • You have previously overstayed in the UK; or
  • You have outstanding debts to the UK; and
• Be aware that if you are not eligible for an ETA or have one refused, you may need to apply for a visa to visit the UK.

Who currently needs an ETA to visit the UK?

The ETA system already applies to citizens of:

• Bahrain; 
• Kuwait;
• Oman; 
• Qatar; 
• Saudi Arabia; and 
• United Arab Emirates.

Why can’t citizens of Jordan get an ETA anymore?

As of 10 September 2024, Jordanian citizens were added to the UK’s visa national list. This means they stopped being eligible for an ETA. 

If you are a Jordanian citizen, you must now apply for a visa to visit the UK instead. However, if you were granted an ETA and have a confirmed travel booking before 15:00 BST on 10 September 2024, you can still use this for travel due to arrive in the UK by 15:00 BST on 8 October 2024.

What other countries are being added to the ETA system, and when?

From 8 January 2025, the ETA system will become a pre-entry requirement for citizens of the below (non-European) countries/territories, with ETA applications becoming available from 27 November 2024: 

.tri-col {
column-count: 3;
}
@media only screen and (max-width:767px){
.tri-col {
column-count: 2;
}
}

• Antigua and Barbuda
• Argentina
• Australia
• Barbados
• Belize
• Botswana
• Seven
• Eight
• Brazil
• Brunei
• Canada
• Chile
• Columbia
• Costa Rica
• Grenada
• Guatemala
• Guyana
• Hong Kong Special Administrative Region (including British National (Overseas))
• Israel
• Japan
• Kiribati
• Macao Special Administrative Region
• Malaysia
• Maldives
• Marshall Islands
• Mauritius
• Mexico
• Federated States of Micronesia
• Nauru
• New Zealand
• Nicaragua
• Palau
• Panama
• Papua New Guinea
• Paraguay
• Peru
• Samoa
• Seychelles
• Singapore
• Solomon Islands
• South Korea
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Taiwan (if you have a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan)
• Tonga
• Trinidad and Tobago
• Tuvalu
• United States of America
• Uruguay

From 5 March 2025, ETA applications will be available for all other non-visa nationals, with an ETA becoming a pre-entry requirement from 2 April 2025. The affected (European) countries/territories in the final stage are: 

.tri-col {
column-count: 3;
}
@media only screen and (max-width:767px){
.tri-col {
column-count: 2;
}
}

• Andorra
• Austria
• Belgium
• Croatia
• Cyprus
• Czechia
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Monaco
• Netherlands
• Norway
• Poland
• Portugal
• Romania
• San Marino
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland
• Vatican City

When should I apply, and what happens if I forget?

Once the ETA requirement applies to your nationality, current government guidance suggests you should apply for your ETA at least 21 days before you plan to travel to the UK.

During an initial ‘implementation period’, it will be possible to travel to the UK with a pending ETA application, even if this has not yet been decided. Once this has ended, it will be necessary to have an approved ETA before travelling.

Need some more help?

We’ll be discussing ETAs as part of our upcoming webinar on 25 September 2024, What’s happening in immigration law – A Labour government special. Or if you have a specific question about how ETAs may affect your business, you can get in touch with a member of our Immigration team.

On 28 August 2024 the Home Office put a notification on its Sponsor Management System for Skilled Worker sponsors, confirming that when the Immigration Rules were updated in April 2024, the going rates for some occupations were stated to be higher than intended. 

The incorrect going rates will be amended in the Autumn update to the Immigration Rules. In the meantime, sponsors may rely on the figures stated in the following guidance documents (as updated on 10 July 2024), as these are the ones Home Office caseworkers will use: 

• Skilled Worker visa: going rates for eligible occupation code
  
• Skilled Worker visa: jobs that qualify for a PhD salary discount
• Skilled Worker visa: immigration salary list
• Skilled Worker visa: eligible salary if you’re under 26, studying, training or in a postdoctoral role

Although the Sponsor Management System notification does not cover sponsors under the Global Business Mobility routes and Scale-up routes, we have received confirmation from the Home Office that the following guidance documents for these routes may also be relied on:

• Global Business Mobility: going rates for eligible occupations
• Scale-up: going rates for eligible occupations

If you have any queries about the going rate requirements for sponsoring workers, please contact a member of our immigration team.